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(영문) 대전고등법원 2014.10.06 2014노280

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (three years of suspended sentence for two years of imprisonment) is deemed to be too unhued and unfair.

2. In light of the fact that the crime of this case was committed by the Defendant following the victim’s house and attempted rape, and the nature of the crime was not somewhat weak, the prosecutor’s assertion that it is necessary to punish the Defendant strictly is reasonable.

However, considering the fact that the Defendant appears to have committed the instant crime contingently, the degree of assault and threat of this case is not much severe, and that the Defendant committed the instant crime without any further weight, and that the Defendant committed the attempted crime, and that the Defendant recognized his mistake and reflects it, the father of the Defendant paid 18 million won to the victim and agreed that the victim did not want the punishment, and that the Defendant did not have any history of criminal punishment, the sentencing of the lower court is difficult to be deemed to be unreasonable as it is too uneasible to the extent to reverse it.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.